Standard Terms and Conditions

This agreement is between THE CLIENT and Next Leadership Consulting Limited

For the purposes of this document Next Leadership is defined as the organisation of directors, staff and associate consultants working for Next Leadership.

1.    Formation of Contracts

1.1. All contracts for the provision of services by Next Leadership shall be deemed to be made upon and subject to these Terms of Business.

1.2. No variation of or addition to these Terms of Business shall form part of any contract unless specifically expressed and accepted by both parties in writing.

1.3. Any variation to work carried out by Next Leadership not covered in the contract will be the subject of separate arrangements with THE CLIENT and confirmed in writing.

2.    Delivery of Services

2.1. Next Leadership commits to deliver consultancy, coaching, training and other services that meet its client’s full requirements as specified in the contract prepared by Next Leadership and agreed with THE CLIENT.

3.    Fees

3.1. THE CLIENT agrees to pay for services delivered at the rates set out in the Contract which precede these Terms of Business

3.2. Rates are subject to review from 1st January each year

3.3. Statements as to total work time or total charges which will be involved in providing specific services or fulfilling a particular contract are as estimates only, and, whilst every effort will be made to ensure their accuracy, no liability is accepted thereof.

3.4. Without prejudice to the foregoing, if during the course of rendering services or carrying out a contract, circumstances arise which make it clear that an estimate of total work time or charges previously given will prove to be a material underestimate, Next Leadership will endeavour to give THE CLIENT written notice specifying the circumstances concerned, stating additional work involved and estimating the increase in total work time and charges which will result. 

3.5. Conversely, if the time involved shall prove to be less than the original estimate, the benefit shall be passed on to THE CLIENT.

4.    Cancellation or Postponement of Work

4.1. THE CLIENT agrees to pay for cancellation or postponement of scheduled work in all circumstances (including cancellations due to Force Majeure) as follows

4.1.1. Work cancelled within 12 working days of the scheduled date – 100% of scheduled fees

4.1.2. Work cancelled within 13 - 25 working days in advance of the scheduled date – 50% of scheduled fees

4.1.3. Work cancelled more than 25 working days in advance of the scheduled date – no charge

4.2. Where a Next Leadership consultant is unable to deliver services at the scheduled date through illness or accident, Next Leadership will endeavour to provide a replacement consultant acceptable to THE CLIENT. If this is not possible the dates for delivery of services will be rescheduled and no fees will be invoiced.

4.3. Any expenses already incurred that are not reimbursable will be charged as per clauses 6.1 and 6.4.

5.    Payment of Fees

5.1. Next Leadership will invoice for services in the following stages:

5.1.1. 50% on agreement of service (non-refundable) 

5.1.2. 50% on completion

5.2. Payment terms are thirty days from receipt of invoice by THE CLIENT.

5.3. Late payment of invoices will incur interest. Next Leadership will add interest on outstanding invoices at the rate of 10 percentage points above the Bank of England base rate. This interest will be calculated on a daily basis, from the date by which payment should have been made.

6.    Expenses

6.1. THE CLIENT agrees to pay the costs of all additional expenses associated with delivery of services in addition to consultancy fees, including, but not limited to, venue hire, equipment hire, overnight hotel accommodation, meals and refreshments, materials production (workbooks, slides, handouts, etc) courier costs, telephone costs, etc.

6.2. Travel by car is charged at £0.45 per mile from the consultant’s home. Travel by public transport / taxi is charged at cost. Travel by train is at standard class rates.

6.3. Travel by air: Travel within a continent will be in economy class only. Flights lasting 7 hours or more will be in business class.

6.4. Where travel by air is required, Next Leadership will book flights within the cancellation period, to ensure that the flights costs are covered should the work be cancelled. Where THE CLIENT wishes Next Leadership to book flights early, so as to secure low-cost flights, Next Leadership will do so but will invoice the flight costs to the client immediately or require written confirmation from the client that should the work be cancelled they will reimburse the full cost of the flight.

7.    Confidentiality and Intellectual Property

7.1. Next Leadership agrees to keep confidential all information gained about THE CLIENT’s people and business and never to disclose this to third parties.

7.2. THE CLIENT agrees that all Next Leadership models, approaches, course materials and intellectual property remain the property of Next Leadership.

7.3. THE CLIENT agrees not to disclose, make copies of or distribute reports, materials, presentations or documents produced for it by Next Leadership to any third parties.

7.4. Where THE CLIENT wishes materials developed by Next Leadership to be delivered by its own employees it agrees to pay the costs of training its trainers and an appropriate licence fee to Next Leadership.

7.5. Next Leadership never agrees to materials it has developed for a client being delivered by another provider.

7.6. For the purposes of this clause 8, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

7.7. This clause 8 shall survive termination of the Contract.

7.8. Details of Next Leadership’s Privacy Policy can be found on our Website

8.    Publicity

8.1. THE CLIENT agrees that Next Leadership may use THE CLIENT’s name when describing its client portfolio. However Next Leadership always agrees to gain THE CLIENT’s prior permission before publishing case studies or detailed descriptions of the nature of the work.

9. Limitation of Liability

9.1. Nothing in these Conditions shall limit or exclude Next Leadership’s liability for:

9.1.1. Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors

9.1.2. Fraud or fraudulent misrepresentation

9.2. Subject to clause 10.1

9.2.1. Next Leadership shall under no circumstances whatever be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract

9.2.2. Next Leadership’s total liability in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the charges paid under the contract.

9.3. This Clause 10 shall survive termination of the contract

10. Staff & Associate Consultants

10.1. Work is undertaken on the understanding that THE CLIENT will not make offers of employment to engage any member of the staff of Next Leadership, or any Associate Consultant under contract, unless he/she has first obtained written consent from Next Leadership.

10.2. In the event of such an offer of employment being accepted, a fee of 30% of first year’s salary and benefits is payable to Next Leadership.

10.3. THE CLIENT also agrees not to engage any Associate Consultant to deliver services in their own right within one year of them having delivered services as a Next Leadership Associate Consultant.

11. Termination of Contract

11.1. THE CLIENT may terminate the contract by giving four weeks’ notice in writing.

11.2. 100% of fees are chargeable for all work scheduled during this four week period, even in the event of this work not taking place.

11.3. Next Leadership may terminate the contract by giving four weeks’ notice in writing. Next Leadership agrees to fulfil all scheduled commitments during this period